PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Honorable
2. Date of discharge (or REFRAD): 940216
3. Authority for separation:
a. Regulation: Chapter 8, AR 635-200
b. Reason: Pregnancy
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
AAM
a. Period entered for: 4 Years GCMDL
b. Entry date: 920102 NDSM
c. Age: 25 Years DOB: 661007 ASR
d. Educational level: HS Grad
e. Aptitude area score:
GT: 104 3. Highest grade
achieved:
f. Length of Service: E3
2 Years 1 Month 15 Days
4. Performance evaluations:
NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued
5. Periods of unauthorized absence: NONE
Status Inclusive dates
AWOL
Mil conf
Civil conf
Other
6. Nonjudicial punishment: NONE
Date Offense(s)
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: NONE
SECTION B - Prior Service Data
NONE
Other discharge(s):
Service From To Type Discharge
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 19 Oct 1993, the applicant
affirmed that she received the required pregnancy counseling by her unit
commander and that she understood her entitlements and responsibilities.
The applicant subsequently requested voluntary separation under the
provisions of Chapter 8, AR 635-200 by reason of pregnancy. On 22 January
1994, the unit commander recommended approval of the applicant’s request
for separation. On 24 January 1994, the separation authority approved the
separation action. The record contains a properly constituted DD Form 214
(Certificate of Release or Discharge from Active Duty), which was
authenticated by the applicant’s signature. Her DD Form 214 indicates that
she was released from active duty under the provisions of Chapter 8, AR 635-
200 by reason of pregnancy, with a characterization of service of
honorable.
b. On 16 February 1994, the applicant was released from active duty
and transferred to the U.S. Army Reserve (USAR) Control Group (Annual
Training), ARPERCEN, St Louis, Missouri to complete her remaining statutory
service obligation. At the time of release, the applicant had completed 2
years, 1 month, and 15 days of active military service in the period under
review.
2. Legal/Regulatory Basis for Separation Action: Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter 8 establishes policy and procedures for voluntary separation of
enlisted women because of pregnancy. If an individual is beyond entry-
level status, her service will be characterized as honorable or general,
under honorable conditions.
SECTION B-APPLICANT’S SUBMISSIONS
1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:
A-1: DD Form 293, dated 040309, with no enclosures.
A-2: Counsel Issues: NONE
B-l: Other Documents: NONE
PART IV - PREHEARING REVIEW (CONTINUED)
SECTION C - Medical and/or Legal Advisory Opinion
Referred to ( ) Medical Advisor ( ) Legal Advisor
a. Medical prehearing comments (if applicable):
b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING
SECTION A-Attendees and exhibits
1. Review/hearing information:
a. Type requested:
( X ) Records review ( ) Hearing
b. Type Held:
( X )Records review ( ) Hearing
( ) Tender Offer
c. Review/hearing location and date: Washington, DC on 3 November
2004.
d. Appearance by:
Applicant ( ) Yes ( X ) No
Counsel ( ) Yes ( X ) No
e. Applicant testified: ( ) Yes ( X ) No
f. Counsel presentation: ( ) Yes ( X ) No
g. Witness(es) testified: ( ) Yes ( X ) No
2. Exhibit(s) submitted at hearing:
PART VI - ISSUES AND FINDINGS
1. a. Applicant's issue(s) of propriety and/or equity:
( X ) Same as those listed on DD Form 293 and Part IV, Section A
of this case report and directive.
( ) Revised issue(s) furnished in writing by applicant as
follows:
( ) Additional issue(s) identified during review/hearing as
follows:
b. Request: ( ) Recharacterization ( X ) Change of Reason
2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on
issues of propriety and/or equity:
a. Propriety: The applicant has not submitted an issue of
propriety and the ADRB has not otherwise relied upon an
issue of propriety to change the discharge.
b. Equity: The parenthetical number(s) below correspond(s) to
the issue number(s) on the DD Form 293, or in Part VI,
Paragraph 1, above.
(1) The issue is rejected. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
The evidence of record shows that the applicant voluntarily requested
release from active duty under the provisions of Chapter 8, AR 635-200, by
reason of pregnancy. She affirmed that she received the required pregnancy
counseling by her unit commander and that she understood her entitlements
and responsibilities. There is no evidence in the file that the applicant
experienced a hardship while in the Army, that she was unable to provide
for her family while she was on active duty, or that she applied for a
hardship discharge. The Board found no evidence of arbitrary or capricious
actions by the command. The Board was satisfied that all requirements of
law and regulation were met and the rights of the applicant were fully
protected throughout the separation process. The Board, being convinced
that the reason for the applicant’s release from active duty was both
proper and equitable, voted to deny relief.
3. Response(s) to item(s) not addressed as decisional issue(s): NONE
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote
1. Board conclusion(s):
The discharge was:
( X ) Proper.
( ) Improper as to characterization. Change characterization to
.
( ) Improper as to reason. Change reason to
under .
( X ) Equitable.
( ) Inequitable as to characterization. Change characterization to
.
( ) Inequitable as to reason. Change reason to
under .
( ) Both proper and equitable, but characterization/reason for
separation cited was an administrative/clerical error and should
be changed to under
.
2. Voting record: Change No Change
Reason 0 5
Characterization 0 5
The names and votes of the members of the Board are recorded in
Part IX of this document and can be obtained by writing to the address
below. The request must contain the CASE NO. located in the upper right
corner of this document.
Department of the Army Review Boards Agency
ATTN: Promulgation Team
1901 South Bell Street, 2nd Floor
Arlington, VA 22202-4508
3. Minority views: NONE
PART VII - BOARD ACTION
SECTION B - Verification and Authentication
Case report reviewed and verified
Ms. McKim-Spilker
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
MARY E. SHAW
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
EXHIBITS:
A - Application for review of discharge C - Other
B - Material submitted by applicant
INDEX RECORD:
AR Number: 2004105539 INDEX NUMBERS: A9455
Date of Review: 041103 A0113
Character of Service: HD
Date of Discharge: 940216
Authority: AR 635-200 C8
Reason: A2200
Results of Board Action/
Vote/Affirmation: NC 5-0 A
PART IX - VOTING RECORD
Name Reason Characterization
CHANGE NC HON UHC NC
UNCHAR
1. Mbr X X
2. Mbr X X
3. Mbr X X
4. Mbr X X
5. PO X X
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